Unknown

Steven Oscar Austin v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaDecember 5, 20252:25-cv-02054California2,816 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN OSCAR AUSTIN, No. 2:25-cv-2054 DAD CSK P Petitioner, v. ORDER UNKNOWN, Respondent. 16 I. INTRODUCTION Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2016 conviction for robbery, carjacking, felon in possession of a firearm, evading police and gun enhancements. (ECF No. 16 at 1.) For the following reasons, this Court finds that the claims raised in the petition are not exhausted. Petitioner is granted thirty days from the date of this order to file a motion to stay this action while he exhausts his unexhausted claims. If petitioner does not file a motion to stay within that time, this Court will recommend dismissal of this action. II. LEGAL STANDARDS RE: EXHAUSTION AND STAY AND ABEYANCE Under 28 U.S.C. § 2254(b), the exhaustion of available state remedies is required before claims can…

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